Case 8:14-cr CJC Document 98-1 Filed 01/04/16 Page 1 of 5 Page ID #:730

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1 Case :-cr-00-cjc Document - Filed 0/0/ Page of Page ID #:0

2 Case :-cr-00-cjc Document - Filed 0/0/ Page of Page ID #: 0 0 approximately six months into my position as a Supervisor. The General Manager was the contact for the FBI; however, the General Manager could not explain the necessary technical aspects of the conversation so I was brought in. Over time it was less necessary for the General Manager to be involved. I would inform the General Manager of an FBI agent coming to the facility. I do not recall the name of the first FBI agent to whom I generally reported incidents arising at Best Buy/Geek Squad. After the first agent, my contact at the FBI became Special Agent Tracey Riley.. I was never asked by Special Agent Riley or anyone else at the FBI or any other law enforcement agency to search for child pornography or evidence of any other crime at any time. I never directed my subordinates at the Best Buy/Geek Squad to search for child pornography or evidence of any other crime at any time. I never agreed to search for evidence of child pornography or evidence of any other crime on behalf of the FBI or any other law enforcement agency, and never directed my subordinates at the Best Buy Geek Squad to do so at any time. My intent in reviewing any evidence found by a technician and in contacting the FBI in any given case was to carry out my duty as an employee of Best Buy/Geek Squad. I was motivated by my duty as an employee to act in accordance with Best Buy policy. I was not motivated by an independent desire on my part to assist law enforcement. I was motivated only by my need to properly carry out my duties as an employee of Best Buy, in accordance with Best Buy/Geek Squad policy.. I do not remember ever being paid by the FBI. I never reviewed evidence or communicated to the FBI out of a motivation to get paid by the FBI or any other law enforcement agency.

3 Case :-cr-00-cjc Document - Filed 0/0/ Page of Page ID #: 0 0. Trey Westphal ( Westphal ) was an employee hired, trained, and directly supervised by me as a technician at the Brooks, Kentucky, Best Buy/Geek Squad facility. I do not recall Westphal ever attempting to help the police by searching computers or hard drives for child pornography, and he was never warned or disciplined for such behavior. I have no information that Westphal ever searched computers or hard drives beyond what was required by the service orders. Westphal s job duties included performing data recovery for computers and hard drives submitted for data recovery.. I have reviewed the documents Bates-stamped SACR- in the lower left corner and through 0 in the lower right corner, attached hereto as Exhibits,, and. 0. Exhibit (Bates ) is a Service Order number 0-, dated November 0, 0, for DRD service for a hard drive submitted by Mark Rettenmaier of Rodeo Circle in Laguna Hills, California. I recognize Exhibit as a form Best Buy/Geek Squad service order in use in late 0. Based on my experience working at Best Buy/Geek Squad, I understand DRD service to mean data recovery service in the Data Recovery Department or Data Recovery Division. Based on this notation and on my training and experience as an employee of Best Buy/Geek Squad, I believe the hard drive in this service order was submitted for data recovery.. Exhibit (Bates ) is a document dated November, 0, with a heading SECTOR ZERO. Exhibit is familiar to me as a form generated at the Brooks, Kentucky, facility in connection with data recovery service in late 0. The handwritten notes that say FR CRASH SCANNINg indicate to me, based on my training and experience as an employee of Best Buy, that the Best Buy/Geek Squad technician

4 Case :-cr-00-cjc Document - Filed 0/0/ Page of Page ID #: 0 0 who serviced this hard drive attempted to perform a format recovery that crashed. The handwritten note below it -- ARiMFT -- indicates to me that the technician who serviced the hard drive performed an advanced recovery ignoring the hard drive s master file table, probably because the master file table on the hard drive was corrupted.. Exhibit (Bates 0) describes a typical process that a technician at Best Buy/Geek Squad would undertake in order to carry out the data recovery service order in Exhibit. The process described was a part of Westphal s job duties at Best Buy/Geek Squad. The data review mentioned in Exhibit is a process undertaken by the technician to determine the viability of the files that have been recovered. Client mission criticals are the files and folders that the client has indicated are most important to them. Client mission criticals for data recovery service at Best Buy/Geek Squad are typically provided to Best Buy by the client. Based on my training and experience, I interpret the notes in Exhibit to mean that the hard drive s owner had identified pictures and videos as mission criticals, i.e., had directed Best Buy to recover lost pictures and videos from the hard drive.. Looking for client mission criticals, and filtering them in the way described in Exhibit, is something that Best Buy/Geek Squad technicians typically do when carrying out a service order for data recovery. In reviewing Exhibit, based on my training and experience, the notes describe Westphal engaging in typical data recovery processes required by the service order for data recovery. Based on my experience, the notes indicate that Westphal carried out the textbook process required by the service order in Exhibit.

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